How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad,
2010
PJ Sage, Inc.
How Not To Process Stateless Enemies: A Review Of Andrew Mccarthy's Willful Blindness: A Memoir Of The Jihad, Timothy Connors
Pace Law Review
No abstract provided.
Free Speech, Terrorism, And European Security: Defining And Defending The Political Community,
2010
Indiana University Law School, Indianapolis
Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne
Pace Law Review
No abstract provided.
"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering,
2010
Widener University School of Law
"Intelligence" Searches And Purpose: A Significant Mismatch Between Constitutional Criminal Procedure And The Law Of Intelligence-Gathering, Robert C. Power
Pace Law Review
No abstract provided.
The Founders, Executive Power, And Military Intervention,
2010
Cato Institute
The Founders, Executive Power, And Military Intervention, Christopher A. Preble
Pace Law Review
No abstract provided.
Exporting U.S. Criminal Justice,
2010
Georgetown University Law Center
Exporting U.S. Criminal Justice, Allegra M. Mcleod
Georgetown Law Faculty Publications and Other Works
This article explores how and why, in the Cold War’s wake, the U.S. government began to export U.S.-style criminal law and procedure models to developing and politically transitioning states. U.S. criminal law and development consultants now work in countries across the globe. This article reveals how U.S. initiatives have shaped state and non-state actors’ responses to a range of global challenges, even as this approach suffers from a deep democratic deficit. Further, this article argues that U.S. programs perpetuate U.S.-style legal institutional idolatry (which is often tied to systemic dysfunction both in the United States and abroad), and in so …
Legalism And Decisionism In Crisis,
2010
St. John's University School of Law
Legalism And Decisionism In Crisis, Noa Ben-Asher
Faculty Publications
In the years since September 11, 2001, scholars have advocated two main positions on the role of law and the proper balance of powers among the branches of government in emergencies. This Article critiques these two approaches-which could be called Legalism and Decisionism-and offers a third way. Debates between Legalism and Decisionism turn on (1) whether emergencies can be governed by prescribed legal norms; and (2) what the balance of powers among the three branches of government should be in emergencies. Under the Legalist approach, legal norms can and should guide governmental response to emergencies, and the executive branch is …
Alienated: A Reworking Of The Racialization Thesis After September 11,
2010
University of Colorado Law School
Alienated: A Reworking Of The Racialization Thesis After September 11, Ming H. Chen
Publications
This article revises widespread application of the racialization thesis to Arabs, Muslims, and South Asians following September 11. It suggests in its place an “alienation thesis” to describe the formation of an alien identity for those perceived and treated as noncitizens. This thesis draws on Asian American and critical race scholarship to re-interpret sociological understandings of the post-September 11 response to Arabs, Muslims, and South Asians. The article concludes that shifting conceptions of this phenomenon is critical to reforming “alienating” practices that function not only to cause harm to their intended targets, but also to distort the legal requirements of …
How Much Surveillance Is Too Much? Some Thoughts On Surveillance, Democracy, And The Political Value Of Privacy,
2010
Allard School of Law at the University of British Columbia
How Much Surveillance Is Too Much? Some Thoughts On Surveillance, Democracy, And The Political Value Of Privacy, Benjamin J. Goold
All Faculty Publications
Over the past decade it has become increasingly common to speak of the emergence of a surveillance society. Surveillance is an almost inescapable part of 21st century life. There is a very real danger that individual privacy - as it is currently understood - may soon become a thing of the past. Some would argue privacy is already dead and we have no choice but to accept our newly transparent lives. For many, surveillance has become part of daily life during visit banks, stores, shopping malls, and many public streets and parks. Travel through airports subjects our bodies to physical …
The Choice Of Law Against Terrorism,
2010
Notre Dame Law School
The Choice Of Law Against Terrorism, Mary Ellen O'Connell
Journal Articles
The Obama administration has continued to apply the wartime paradigm first developed by the Bush administration after 9/11 to respond to terrorism. In cases of trials before military commissions, indefinite detention, and targeted killing, the U.S. has continued to claim wartime privileges even with respect to persons and situations far from any battlefield. This article argues that both administrations have made a basic error in the choice of law. Wartime privileges may be claimed when armed conflict conditions prevail as defined by international law. These privileges are not triggered by declarations or policy preferences.
The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?,
2010
Duke Law School
The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities,
2010
Duke Law School
American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr.
Faculty Scholarship
“Vexing” is certainly the right word to describe the state of resource allocation in the national security community. Despite still sizable defense budgets, serious economic constraints combine with a wide range of complicated threats to create extremely difficult choices for policy makers. To help them work through the decision-making process, Congress mandates Quadrennial Defense Reviews (QDRs). QDRs “are intended to guide the services in making resource allocation decisions when developing future budgets.” The 2010 QDR rightly insists that “America’s interests and role in the world require armed forces with unmatched capabilities.”6 Recent resource decisions, however, do not provide much comfort …
The Structure Of Terrorism Threats And The Laws Of War,
2010
Columbia Law School
The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman
Faculty Scholarship
This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of …
